State Ex Rel. Department of Transportation v. Alderwoods (Oregon), Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a court must first determine whether a plaintiff has a property right at all before determining whether interference with the alleged right was a taking under the Oregon Constitution
• “Nothing in the statutory text suggests that, by pro- viding such a procedure, the legislature intended to alter the common law.”
• “Nothing in the statutory text suggests that, by providing such a procedure, the legislature intended to alter the common law”
• disavowing 19 See id. (comments of Rep Dave Frohnmayer) (summarizing legislative intent by stating that liability situation had gotten out of hand and committee was addressing problem by retreating from recent court decisions); (comment of Rep Rutherford
• An easement is “‘a nonposessory interest in land because it generally authorizes limited uses of the burdened property for a particular purpose.’” (Quoting Restatement (Third) of Property: Servitudes § 1.2 comment d (2000).)
• An easement is “ ‘a nonposessory interest in land because it generally authorizes limited uses of the burdened property for a particular purpose.’ ” (Quoting Restatement (Third) of Property: Servitudes § 1.2 comment d (2000).)

Source: CourtListener parenthetical corpus (CC0).